Preexisting conditions have long been a problem in the insurance industry, and are only starting to become widely accepted instead of viewed as grounds for coverage denial. People with conditions were being denied treatment that they needed, while the insurance companies wanted to avoid accepting policies that would knowingly include regular payouts. It was a battle in which no winner could be crowned.

Fortunately, insurance companies are learning how to handle preexisting conditions, so many people that were previously denied coverage can enjoy medical care. One insurance claim that remains rocky, however, is the relationship between preexisting conditions and workers’ compensation claims.

When Your Preexisting Condition and Workplace Injury Meet

When you are injured or not operating at 100 percent, the odds for further injuries are greatly increased. That is why it is not uncommon for old injuries to be reinjured and cause chronic problems. As insurers, it is easy to be wary of preexisting conditions as they relate to new workplace injuries—as the workers’ compensation coverage is only meant to cover injuries cause in the scope of employment.

Say that you broke your hip shoveling your driveway a few years ago. While you were able to return to work and perform your duties with no difficulty, you continued to experience some pain in your hip and back that causes you to return to the doctor once in a while. Last week, you slipped in the hallway at work and broke the same hip, which put you out of work for a few weeks and required minor surgery.

In this scenario, you are still likely to receive workers’ compensation benefits, but the benefits will only cover the amount of damage that the latest injury caused. This can be a difficult amount to determine, but a doctor that is experienced with workers’ compensation claims can provide a proper assessment.

If, instead, your old hip problems were the result of a previous workplace injury and workers’ compensation claim, you will also be able to receive workers’ compensation benefits. If you were awarded money based on permanent impairment previously, however, your new impairment award will be adjusted to include your previous award. This system prevents those who were previously awarded from “double dipping” their awards for the same injury.

For preexisting conditions that are totally unrelated to your new injury, your workers’ compensation claim should not be affected at all. Despite this common sense approach, however, the workers’ compensation insurance company may still give you grief.

Do Not Allow Your Workers’ Compensation Claim to Be Denied Based on a Preexisting Condition

If you have been injured at work and already cope with a preexisting condition, you may be in for an uphill battle with your workers’ compensation claim. To protect your rights and ensure that you receive the maximum compensation for your new injuries, you should consider hiring an attorney that is well-versed in Pennsylvania workers’ compensation laws.

If you would like to discuss your case with an attorney, schedule a free consultation with us today by calling one of our offices or clicking on the live chat feature.

Recent Results click below to expand

Gerry Kramer won a personal injury action for $10,043,952.13 in Northumberland County on behalf of a volunteer firefighter who was the victim of Intentional Tort. The 50-year-old volunteer firefighter was seriously injured when a barn collapsed, causing a spinal injury which left him a paraplegic. The claim was brought against the arsonist who intentionally started the fire. It is believed that the verdict is the highest ever in Northumberland County.

A couple from New Berlin, Pennsylvania was awarded over $4,000,000 because the husband was shot while turkey hunting. The 51 year old client lost his sight because a convicted felon - who should not have even possessed a gun - went hunting illegally, and broke with impunity the most fundamental rule in hunting: identify your target before you pull the trigger.

Scott Cooper obtained a verdict on behalf of his client who is the widow of a man who died in a crash on Interstate 78 in Lebanon County. The awarded verdict of $2.2 million was in a nonjury proceeding before a federal judge in the Middle District of Pennsylvania. That verdict includes $100,000 in punitive damages assessed against the owner of the trucking company.

Scott Cooper settled a wrongful death case on behalf of the widow of a police office who was killed in a car accident in the line of duty for $1,024,040.80. The claim against the other driver was amicably resolved before suit was filed for the entire available policy limits for the other driver. The case took place in Adams County, PA.

Gerry Kramer won a $950,000.00 suit in Perry County for a motor vehicle accident. The personal injury action for a wrongful death was filed on behalf of a 19-year-old female killed in the accident. The victim was a passenger in a vehicle that left the roadway striking a fixed object.

Scott Cooper settled a wrongful death claim for $742,000 on behalf of a the estate of a trash worker killed in a car accident in Franklin County. The case was amicably resolved for all of the available insurance policy coverage for the other driver and under insured motorist carrier. Also, Mr. Cooper was able to amicably resolved all subrogation interests with the worker's compensation carrier for a lump sum and agreement for the subrogation claim to be waived in full.

Gerry Kramer won a $215,000.00 personal injury action on behalf of a drunk driving victim in York County. The victim was a 56-year-old man who was struck by drunk driver in Lancaster County, PA. He suffered a subdural hematoma which resulted in severe headaches.

Testimonials

"I appreciate all of your assistance. Thank you for everything.

Amy B. - Mount Joy, Pa.

"Thank you for quick/honest service. I appreciate all you did on my behalf.

Bobbie R. - Palmyra, PA.

"Most lawyers just tell you what you want to hear but Dennis was very straight forward.